Do landlords have to remove asbestos in Illinois rentals?

If asbestos is damaged or poses a health risk, Illinois landlords must safely address the hazard to maintain a habitable property.

Can I break my lease if my apartment has asbestos?

If your landlord does not remediate unsafe asbestos despite notice, you may have rights to terminate the lease under Illinois law.

How do I file a complaint about asbestos in my Illinois rental?

Notify your landlord in writing first. If there's no response, file a complaint with your local health or code enforcement office.

Are landlords required to disclose the presence of asbestos?

Landlords in Illinois are not required to disclose asbestos unless it poses a known hazard affecting habitability or safety.

Who handles tenant complaints about unsafe rental conditions in Illinois?

The Illinois Circuit Court handles disputes, and local health departments investigate reported safety violations.

Illinois Renters’ Rights: Asbestos in Older Buildings

Health & Safety Standards Illinois published: June 21, 2025

If you rent an apartment or home in Illinois—especially in buildings built before 1980—it's important to know your rights regarding asbestos. Asbestos is a hazardous material that was widely used in construction, and Illinois law protects renters if their health or safety may be at risk. This guide will help you understand how state and federal rules apply, what your landlord must do, and how you can take action if asbestos is found in your rental property.

Understanding Asbestos Hazards in Older Illinois Rentals

Asbestos is a group of minerals that were commonly used in construction materials, such as insulation, floor tiles, and ceiling materials. When undisturbed, asbestos may not be dangerous. However, if materials containing asbestos are damaged, microscopic fibers may be released, which can lead to health risks such as lung disease or cancer if inhaled.

Key Laws and Tenant Protections

Illinois follows federal safety standards set by the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). State and local regulations work alongside these national protections to ensure tenants can live in a safe environment.

Repair and Maintenance: Illinois landlords must provide habitable housing, which includes safe air quality and structural health. For more details, see the Illinois Residential Tenants' Right to Repair Act.
Disclosure: While Illinois law does not require landlords to proactively disclose the presence of asbestos, any known hazard affecting habitability must be addressed and communicated if it creates health risks.
Tenant Remedies: If your landlord does not fix a problem after being notified, you may have the right to file a formal complaint or, in some cases, repair and deduct the costs under certain conditions outlined in state law.

Recognizing Signs of Asbestos in Your Rental

Asbestos may be present in flooring, ceilings, pipe insulation, or wall materials—especially in buildings built before 1980. If you notice deterioration, crumbling materials, or suspect asbestos exposure, do not attempt to repair or remove the material yourself. These conditions should be reported promptly to your landlord.

What Can Illinois Renters Do If They Suspect Asbestos?

If you believe there is asbestos in your living space, you have several options and protections under Illinois and federal law:

Document the problem: Take dated photos and write down details about where and when you noticed suspected asbestos.
Notify your landlord in writing: Provide a formal letter detailing your concerns, ideally by certified mail or other trackable means.
Request an inspection: Landlords should hire a licensed asbestos professional to investigate and provide recommendations.
If your landlord does not respond, you may file a health or code violation complaint with your local health department or municipality.

Tip: Always keep records of communication and copies of any letters or forms sent to your landlord or government agencies.

Official Forms and How to Use Them

Health and Safety Complaint: If you do not get a timely response, you can file a complaint with your local code enforcement office. For the City of Chicago, renters can use the Building Complaint Form. In other areas, contact the Illinois Department of Public Health to learn about local processes.
Example: If your landlord ignores your written notice about crumbling ceiling tiles in an older building, you can submit a complaint form to your city or county to prompt an official inspection.
Notice to Landlord for Repairs (No Official State Form): Illinois does not provide a standard statewide form. However, tenants should submit a signed, dated repair request in writing. You can use the sample letter template available from the Illinois Attorney General's Office.
Example: A renter notes peeling insulation in the basement and uses a template letter to officially request repair by the landlord.

What Happens After a Complaint?

After you notify your landlord or file a complaint, health or building officials may inspect the property. If a violation is confirmed, landlords may be ordered to address the hazard. In some cases, failure to act could give you rights to withhold rent or repair and deduct, as outlined in the Illinois Residential Tenants' Right to Repair Act.

Your Rights If You Need to Vacate

If asbestos remediation makes your home temporarily uninhabitable, Illinois law may entitle you to rent abatement or relocation. Make sure to document your living situation and expenses, and communicate with your landlord or seek legal advice as needed.

Who Handles Rental Disputes in Illinois?

The Illinois Circuit Court is the official tribunal for landlord-tenant cases, including those involving habitability and repair issues. For tenants in Chicago, the City of Chicago Department of Housing provides oversight and guidance under the Residential Landlord and Tenant Ordinance.

FAQ

Do landlords have to remove asbestos in Illinois rentals?
Landlords are required to maintain safe and habitable premises. If asbestos poses a health risk due to damage or deterioration, they must address it to comply with state law.
Can I break my lease if my apartment has asbestos?
If your landlord fails to remediate unsafe asbestos conditions after notice and an inspection, you may have grounds to terminate your lease under Illinois law. Always document your case and seek legal guidance if possible.
What is the process for filing an official complaint about asbestos?
You must first notify your landlord in writing. If they do not act, you can file a complaint with your local city or county code enforcement or health department, such as through Chicago’s online Building Complaint Form.
Is my landlord required to tell me if asbestos is present?
While Illinois law doesn’t always require disclosure of asbestos, landlords must address known hazards that threaten habitability or safety, and you can request inspection if you suspect a risk.
Who enforces tenant protections in Illinois?
Illinois Circuit Court handles residential disputes, and local authorities such as the Department of Public Health or city code enforcement offices oversee safety laws.

Key Takeaways

Landlords must provide safe housing—including managing asbestos risks if hazardous.
Always document issues, communicate in writing, and use official forms if needed.
Tenants can file complaints or seek rent relief if unresolved hazards persist.

Need Help? Resources for Renters

Illinois Circuit Court – for filing rental disputes
Illinois Attorney General: Tenant Rights – legal guides and contact info
Illinois Department of Public Health: Asbestos Information
Chicago Building Complaint Portal